80 Towards the Effective Protection of LGBTI Persons Deprived of Liberty therefore be interpreted broadly in order not to exclude same-sex parents and partners. Detainees receiving visits from same-sex and/ or trans partners may be discriminated against or even sanctioned when displaying affection in visiting rooms. Conditions attendant to visits by detainees’ same-sex and/or trans partners must be the same as those afforded to other detainees, and the same rules and regulations ought to govern these. In cases of children with same-sex parents, the best interests of the child should always prevail, and they should not be prevented from seeing either parent because of discriminatory visiting policies and/ or discriminatory attitudes by the officers in charge. Trans detainees are sometimes denied the right to receive visits, especially if their visitors are also trans. As a result, trans visitors may not seek to exercise their right to visit friends and relatives in prison, as they know that they will suffer discrimination upon entry. Various prison systems have established “conjugal” or “intimate” visits, whereby detainees can spend anywhere from a couple of hours to a few days with their partners and/or families in purpose-built apartments or cottages. The SPT has made clear that intimate visits should not depend on marital status and that the State “should ensure that all persons deprived of their liberty are able to receive regular visits, including conjugal visits, regardless of whether the partnership is formally recognized by the State; such visits should not be restricted on grounds of sex, nationality, sexual orientation or for any other discriminatory reason66”. However, LGBTI detainees often suffer discrimination in accessing such visits, although they have been reported as one of the most important and commonly expressed needs. Some State policies simply ban intimate visits for same-sex partners, whether or not they are in a civil union, on the alleged grounds that they would affect the internal order and discipline of the establishment, or due to security concerns. In other contexts, in the absence of clear regulations, the decision to allow such visits may be left to the discretion of the prison director, often resulting in arbitrariness. See Report of the visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to Argentina, CAT/OP/ARG/1, 27 November 2013, para. 70. 66

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